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GAUGHEN v. SLOUP

No. 40735.

250 N.W.2d 915 (1977)

197 Neb. 762

Lawrence J. GAUGHEN and Bernadine G. Gaughen, Appellants, v. Edward F. SLOUP et al., Appellees.

Supreme Court of Nebraska.

March 2, 1977.

Attorney(s) appearing for the Case

William G. Line, of Kerrigan, Line, Martin & Hanson, Fremont, for appellants.

Larry E. Welch, McGroarty, Welch & Langdon, Omaha, George E. Svoboda, Fremont, for appellees.

Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

McCOWN, Justice.

This is an action against the mayor and council of the City of North Bend, Nebraska, to enjoin the paving of certain streets and the assessment of plaintiffs' property for the paving. The District Court found in favor of the defendants mayor and council and dismissed plaintiffs' petition.

Plaintiffs own property in North Bend, Nebraska, a city of the second class. Prior to 1963, paving districts in such cities could only be created under the...

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